FEDERAL DEFENSE

When Does the Statute of Limitations Start for PPP Fraud?

April 1, 2026 2 minutes read By Todd Spodek, Esq.
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The statute runs from the last false statement related to the fraud scheme – forgiveness applications and ongoing communications can restart the clock.

Understanding Your Federal Exposure

The federal government extended the statute of limitations for PPP fraud to 10 years in August 2022, retroactively covering all pandemic-era loans. A loan from 2020 is prosecutable until 2030. The COVID-19 Fraud Enforcement Task Force coordinates across FBI, IRS Criminal Investigation, and SBA OIG with strike forces dedicated to pandemic fraud.

According to Pandemic Oversight, as of December 31, 2024, over 3,096 defendants have been charged with pandemic relief fraud. Of those, 2,532 were found guilty – an 82% conviction rate. Of the convicted, 81% received prison time.

The Charges That Stack Against You

One PPP application can trigger multiple federal charges:

  • Wire Fraud (18 U.S.C. 1343) – 20-30 years
  • Bank Fraud (18 U.S.C. 1344) – 30 years
  • False Statements to SBA (18 U.S.C. 1014) – 30 years
  • Money Laundering (18 U.S.C. 1956) – 20 years
  • Aggravated Identity Theft (18 U.S.C. 1028A) – mandatory +2 years consecutive

Defendants sentenced in 2024-2025 are receiving sentences approximately 40% longer than defendants who committed identical conduct but were sentenced in 2021-2022.

The Critical Window for Action

There’s a window between when the SBA OIG flags a loan and when the case gets referred to the FBI. During this window, civil resolution may still be possible – repayment plus a fine rather than federal felony conviction.

The DOJ has explicitly stated that voluntary repayment can be used as evidence of consciousness of guilt. Never discuss a PPP matter with federal agents without counsel present.

If you’re under investigation or concerned:

  • Don’t destroy any documents
  • Don’t discuss the matter with others who may be involved
  • Don’t make voluntary payments without counsel
  • Contact a federal defense attorney immediately

Todd Spodek has handled federal fraud cases across the country. He understands the difference between cases where civil resolution may be possible and cases where criminal defense is the priority.

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Common Mistakes to Avoid

Actually Stay Silent

Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.

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Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.

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CASE DISMISSED
Federal Wire Fraud
NO PRISON TIME
PPP Loan Fraud
CHARGES REDUCED
Bank Fraud Conspiracy
ACQUITTED
Money Laundering

*Results may vary depending on your particular facts and legal circumstances.

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